All Correctional Homes Should Permit Interaction Between Inmates & Advocates Representing Them: Madras High Court

Sparsh Upadhyay

27 May 2021 2:00 PM GMT

  • All Correctional Homes Should Permit Interaction Between Inmates & Advocates Representing Them: Madras High Court

    While hearing a matter pertaining to the inmates at the various correctional homes in Tamil Nadu and Puducherry, the Madras High Court on Thursday (May 27) directed the authorities at all correctional homes to permit interaction between advocates representing the inmates and the relevant inmates upon setting down certain parameters.The Bench of Chief Justice Sanjib Banerjee and...

    While hearing a matter pertaining to the inmates at the various correctional homes in Tamil Nadu and Puducherry, the Madras High Court on Thursday (May 27) directed the authorities at all correctional homes to permit interaction between advocates representing the inmates and the relevant inmates upon setting down certain parameters.

    The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy perused the report by High Powered Committees, under the aegis of the Legal Services Authorities in the State and the Union Territory.

    The report

    As far as the State is concerned, the report spoke of a Covid Care Centre being launched in Puzhal Central Correctional Home, however, concerns were expressed on behalf of the intervenors regarding the other Central Correctional Homes.

    The Court observed that the report pertaining to the State as filed by the Tamil Nadu State Legal Services Authority indicated that the situation was under control as the number of positive cases among the inmates was not alarming.

    The Court noted that several of the inmates, particularly undertrials, are in the process of being released on parole or leave, sometimes by relaxing the existing rules, so as to ensure less crowding in the correctional homes.

    In particular, the Court observed that there are seven women with children in correctional homes in the State, out of them, four convicts and the Steps have been taken for such persons and the accompanying children to be given leave as special cases.

    As far as Puducherry is concerned, it was submitted by the Amicus that out of 200 inmates in the Correctional Homes, about 64 had tested positive and that this alarming rate was a cause for concern.

    Court's directions

    The Court directed the relevant Government Departments to publish the decisions taken by the High Power Committees at the recent meetings setting down parameters for grant of parole or leave of inmates at correctional homes.

    "The process of temporary release of the inmates should be expedited so that the crowding in the correctional homes is brought down to the extent possible," added the Court.
    Lastly, noting that since the COVID surge has subsided in most places, immediate contact may be permitted as sought, on a rational and reasonable basis, the Court said,
    "Since there are video conferencing facilities and, in any event, there are video calls possible by way of mobile apps, the authorities at all correctional homes should permit interaction between advocates representing the inmates and the relevant inmates upon setting down certain parameters in such regard."

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